In the matter of CC Medical Offices Pty Limited [2013] NSWSC 379

Supreme Court New South Wales

Medium Neutral Citation: In the matter of CC Medical Offices Pty Limited [2013] NSWSC 379 Hearing dates: Friday 22 March 2013 Decision date: 22 March 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Application to set aside the statutory demand dismissed Catchwords: CORPORATIONS - creditor's statutory demand - application to set aside creditor's statutory demand - whether genuine dispute - whether genuine offsetting claim

COSTS - Corporations - external administration - application to set aside creditor's statutory demand - UCPR r 7.1(2) - Rule requires that a solicitor be appointed to act for defendant company unless director joined as a plaintiff - Director not joined as a plaintiff - Usual course is to stay proceedings - Proceedings are at an advanced stage - Director's personal undertaking as to costs avoids need for stay Legislation Cited: (Cth) Corporations Act 2001 s 459G, s 459H (NSW) Uniform Civil Procedure Rules 2005 r 7.1, r 7.2 Cases Cited: Elm Financial Services Pty Limited v MacDougal [2004] NSWSC 560 In the Matter of DB Mahaffy & Co Pty Limited [2012] NSWSC 1286 Macleay Nominees Pty Limited v Belle Property East Pty Limited [2001] NSWSC 743 No 96 Factory Bargains Pty Limited v Kershel Pty Limited [2003] NSWSC 146 Category: Principal judgment Parties: CC Medical Offices Pty Limited (Plaintiff) R Singh (Defendant) Representation: Counsel: L Brown (Plaintiff) S Gray (Defendant) Solicitors: Corrs Chambers Westgarth (Plaintiff) Turner Freeman Lawyers (Defendant) File Number(s): 13/ 53157